EVIDENCE SUPPORTED DERIVATIVE NEGLECT FINDING (SECOND DEPT).

PDF Friendly VersionPrint Friendly Version

The Second Department determined the evidence supported Family Court’s derivative neglect finding:

… [T]he evidence adduced at the fact-finding hearing established that the mother’s verbal abuse of Hannah due to an untreated mental illness demonstrated such an impaired level of parental judgment as to create a substantial risk of harm to Samuel. Hannah testified that the mother threw things at her and instructed her brothers, including Samuel, to hit her when the mother became frustrated with her. According to Hannah, after these proceedings were commenced, the mother told Hannah that Hannah would be placed in a mental institution and raped in the petitioner’s custody, told Hannah that the mother would pretend Hannah was dead and burn Hannah’s clothes, and threatened to kill Hannah once the case was over. The mother’s conduct caused Hannah to fear the mother and her brothers. This evidence sufficiently supported the Family Court’s conclusion that the mother derivatively neglected Samuel, as it demonstrated that the mother had such an impaired level of parental judgment as to create a substantial risk of harm to the well-being of Samuel … . Matter of Samuel A. R. (Soya R.), 2020 NY Slip Op 00144, Second Dept 1-8-20